Brokerage firm fee rebate - Taxable or not?

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  • FEDUKE404
    Senior Member
    • May 2007
    • 3648

    #1

    Brokerage firm fee rebate - Taxable or not?

    Client had personal investment account with Firm A. For various reasons, he decided to leave Firm A and requested transfer of all assets to Firm B.
    Firm A charged $XYZ to close out the account and to effect the transfer of all assets to Firm B. (This does not involve a retirement account.)
    Client has presented Forms 1099 packet from Firm B. As part of it, a Form 1099-MISC, line 3 entry in the amount of $XYZ appears. The notes with the tax document state "This transaction reflects a fee rebate, reimbursement or refund or other transaction paid to this account."
    The account executive at Firm B has stated their company reimbursed their client what he had paid to exit Firm A. ("As soon as we got your money we gave you back the fee of $XYZ. . .I wouldn't think it was taxable."
    Obviously this is a marketing ploy for Firm B.
    In the presence of a Form 1099-MISC reporting an income amount, and the fact that Firm B paid for a fee separately charged by Firm A, I tend to feel it IS taxable.

    Have any of you encountered this type scenario? Taxable or nontaxable??

    FE
  • Beersheba
    Senior Member
    • Jan 2022
    • 176

    #2
    If the original brokerage fee was not deductible, then a rebate would not be taxable, it would appear.. And brokerage fees have not been deductible for a few years.

    If you agree, I don't know how you deal with the 1099-MISC.

    Comment

    • Lion
      Senior Member
      • Jun 2005
      • 4699

      #3
      If your client resides in a state that decoupled from the feds, and you are entering Firm A's $XYZ, then I'd enter Firm B's -XYZ on the next line. It won't change his federal return, but you can point to the entries if your client gets a matching letter. Otherwise, put notes in his file and remind him to contact you immediately if he receives any government correspondence.

      Comment

      • FEDUKE404
        Senior Member
        • May 2007
        • 3648

        #4
        The fact that the "rebate" came from the new firm and the "fee charge" came from the old firm would seem to tilt the tables a bit.
        Aside from the fact that the new firm has reported taxable income on their Form 1099-MISC.
        Agree the client received taxable Form 1099-MISC income that was related to a non-deductible (in recent years, elimination of most 2% floor items) fee.
        I guess it boils down to whether you see the funds from Firm B as an "incentive" or as a "rebate" of fees they never actually charged.

        Comment

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